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House Bill 3352 |
House Author: Naishtat et al. |
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Effective: 9-1-09 |
Senate Sponsor: Ellis |
House Bill 3352 amends the Government Code and Health and Safety Code to establish provisions relating to the collection, dissemination, and correction of certain judicial determinations for a federal firearm background check. The bill requires the Department of Public Safety (DPS) by rule to establish a procedure to provide federal prohibited person information to the Federal Bureau of Investigation (FBI) for use with the National Instant Criminal Background Check System. The bill authorizes DPS to disseminate this information only to the extent necessary to allow the FBI to collect and maintain a list of persons who are prohibited under federal law from engaging in certain activities with respect to a firearm. The bill requires DPS to grant access to this information to the person who is the subject of the information.
The bill requires a court clerk to prepare and forward to DPS certain information regarding such a person not later than the 30th day after the date of a judicial determination that qualifies the person as such a federal prohibited person. The bill also requires a court clerk to prepare and forward information for previous orders issued on or after September 1, 1989, not later than September 1, 2010.
The bill authorizes a person who is furloughed or discharged from court-ordered mental health services to petition the court that entered the commitment order for an order stating that the person qualifies for relief from a firearms disability and imposes requirements on the court relating to granting such relief.